Term and conditions
Please read these terms and conditions ("terms", "terms and conditions") carefully before using the Memento website and application (the "service") operated by Give Memento Inc. (“Memento," "us," "we," "our").
Conditions of Use
We will provide our services to you, which are subject to the conditions stated below in this document. Every time you visit this website and/or application, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
Privacy Policy
Before you continue using our website/application, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Copyright
Content published on this website/application (digital downloads, images, texts, graphics, logos) is the property of Memento and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Memento, with copyright authorship for this compilation by Memento.
Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Applicable Law
By visiting this website/application, you agree that the laws of Illinois, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Memento and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website/application or to products you purchase from us shall be arbitrated by state or federal court Illinois and you consent to exclusive jurisdiction and venue of such courts.
Comments, Reviews, and Emails
Visitors may post or send content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post/send your content, you grant Memento non-exclusive, royalty-free, and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this website/application. You are not allowed to download or modify it. This may be done only with the written consent from us.
User Account
If you are an owner of an account on this website/application, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content, and cancel orders in our sole discretion.
Closing Your Account
You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Memento account even after the Memento account is closed. Any incomplete transactions or transfers must be completed or canceled, and you must transfer any money from your Memento account before closing it.
In certain cases, you may not close your Memento account, including:
To evade an investigation.
If you have a pending transaction or an open dispute or claim.
If you owe amounts to us.
If your Memento account is subject to a hold, limitation or reserve.
Fees and limits
We may, at our discretion, impose limits on the amount and/or the number of payments you can send and receive. In order to manage risk, we may limit the payment methods available when you make a payment.
The fees applicable to sending money are based on the total amount of the transaction. Fees and limits may change from time to time in our sole discretion.
Bank account transfers
When you use your bank account as a payment method, you are allowing us to initiate a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again, via our third-party processor, if the initial transfer is rejected by your bank for any reason.
YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE. MEMENTO AND ASSOCIATED PAYMENT PROVIDERS ARE NOT LIABLE FOR CHARGEBACKS OR ADDITIONAL FEES.
Refunds, Reversals and Chargebacks
Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment is suspected as fraud, the payment was unauthorized or unfunded, or if the payment was for activities that violated this user agreement or any other agreement with us.
As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment, and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.
When recovering the amount of an invalidated payment from you, we may apply any money sent to you on Memento, request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may:
engage in collection efforts to recover such amounts from you;
place a limitation or take other action on your Memento account
If we invalidate a payment because the originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the originating bank to decline or reverse the payment. If you believe that a payment initiated with your Memento account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you.
Restricted Activities
In connection with your use of our websites, your Memento account, the Memento services, or in the course of your interactions with us, other customers, or third parties, you must not:
Breach this terms and conditions policy
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)
Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Use a temporary email address or phone number, or provide any other falsified personal information;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;
Use the Memento services in a manner that results in or may result in:
complaints;
disputes; claims, reversals, chargebacks,
fees, fines, penalties or other liability or losses to Memento or other customers, third parties or you;
Have any amounts owed to us;
Access the Memento services from outside the United States;
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Memento services) operated by us or on our behalf or the Memento services;
Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Memento services;
Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Memento services) operated by us or on our behalf, any of the Memento services or other users’ use of any of the Memento services;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
Circumvent any of our policies or determinations about your Memento account such as temporary or indefinite suspensions or other account holds, limitations, or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Memento account(s) when you have amounts owed to us or when your Memento account has been restricted, suspended, or otherwise limited; opening new or additional Memento accounts using information that is not your own (e.g., name, address, email address, etc.); or using someone else’s Memento account; or
Harass and/or threaten our employees, agents, or other users.
Actions We May Take if You Engage in Any Restricted Activities
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ourselves, our customers, and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:
Terminate this user agreement, limit your Memento account, and/or close or suspend your Memento account, immediately and without penalty to us;
Refuse to provide the Memento services to you in the future;
Limit your access to our websites, software, systems, restricting your ability to send money or make bank transfers;
Hold money in your Memento account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our terms and conditions;
Update inaccurate information you provided us;
Take legal action against you; or
If you’ve violated our policy, then you’re also responsible for damages to us caused by your violation of this policy.
If we close your Memento account or terminate your use of the Memento services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your Memento account or that has been sent to you available for bank transfers.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement and/or your use of the Memento services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.
Holds and Limitations
Under certain circumstances, in order to protect Memento and the security and integrity of the network that uses the Memento services, Memento may, in its sole discretion, take account-level or transaction-level actions.
Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Memento, our customers, and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Memento account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
Holds
A hold is an action that Memento may take under certain circumstances either at the transaction level or the account level. When Memento places a temporary hold on a transaction, the money is not available to either the sender or the recipient. Memento reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.
Holds based on Memento’s risk decisions
We may place a hold on transactions involving your Memento account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your Memento account, or your transactions, or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.
Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.
Account Limitations
Limitations are implemented to help protect Memento and Memento users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Memento account open.
There are several reasons why your Memento account could be limited, including:
If we suspect someone could be using your Memento account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
If another financial institution alerts us that someone has used one of your linked payment methods without permission.
In order to comply with the law.
If we reasonably believe you have breached this agreement or violated the
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
If you have questions about our Terms and Conditions, please contact us.
By using the Memento website and application, you agree to abide by these Terms and Conditions. We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the service after any such changes constitutes your acceptance of the new Terms and Conditions. Therefore, we encourage you to review this page periodically for updates.
If you do not agree to these terms, please do not use our website or application.
Last updated: Sunday, March 29, 2024
For any questions or concerns regarding these terms and conditions, please contact us.
Thank you for your cooperation.